Sanjeetkhanuja, Nagpur
Q: We are staying in apartments where we have only 9 flats. Since, we have only less than 11 flats we might not come into co-operative society laws. We are registered under apartment condominium. The flats were approved for usage of residential purpose from the concerned municipal corporation. One flat owner has given his flat to a person who will be running software consultancy business from his flat. There has been resolution passed in one of the AGM, where flat owner cannot give flat for commercial activities and need to provide copy of police verification to managing committee. All members expect that flat owner have agreed to it. This office will have more than 10 employees working within it. Also, opening of office will affect the security, peace and harmony of other flat members. Please advise us what option the managing committee has to stop the office operating from within residential apartments.
Latest Answer: A person is allowed to run a professional office in one/more of the rooms of his residential flat. Profession by definition is Doctor, Architect, Lawyer or CA. At times even artists are allowed to perform their services such as photoshoots. Even engineers are allowed to offer their services. Software Consultancy Business is a tricky thing as it is part of services and hence stands on a thin line between sale of goods and services. It depends on the memorandum of understanding of your apartments. If voting takes place in your apartment you can take a vote on this and make an official complaint to the nearest police station and to Municipal Corporation as an apartment. Even being a member of an apartment you can lodge a complaint in your personal capacity. But when the case stands in court, courts will go by the merit of case. Its not an easy case to fight though.

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